LETTER TO THE HONORABLE JAMES R. SCHLESINGER FROM COMPTROLLER GENERAL OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000300160062-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: November 20, 2006
• Sequence Number: 62
• Publication Date: May 30, 1973
• Content Type: LETTER

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The Honorable James R. Schlesinger
Director, Central Intelligence Agency
Dear Mr. Schlesinger:
May 30, 1973
The Honorable Edward I. Koch, of the House of Representatives
had referred to us for a ruling copies of correspondence with your
office and certain material which appeared in the Congressional Record
for February 6, 1973, page H726 and March 5, 1973, pages H1352-1353,
which was prompted by an article in the New York Times for December 17,
1972, which stated that fourteen New York-policemen had received
training from the Central Intelligence Agency (CIA) in September.
Because of an informal. contact from your office we suggested that
a statement be sent from your office as to exactly what was done and
the specific statutory authority-relied upon therefor. As a result,
.we received a letter dated March 16, 1973, from your Deputy General
Counsel which enclosed (1) an extract of the Congressional Record for
March 5, 1973, supra, that contained Congressman Chet Holifield's dis-
cussion and report of the inquiry into. the matter by the House Committee
on Government Operations at the request of Congressman Koch, together
with related correspondence and (2) a copy of Congressman Koch's letter
of December 28, 1972, to the CIA and a copy of the response of January 29,
1973, signed by your Legislative Counsel. It was stated that it would
appear that all the information needed was contained in those enclosures.
We were also assured that the CIA does not run a formal institution for
training of-police officers in the manner of the FBI Academy located at
"Fort Belvoir." (The FBI Academy is located at Quantico, Virginia.)
.It is noted that the Congressional Record for March 5, 1973, page
1353 also includes related remarks of Congressman Lucien N. Nedzi,
Chairman of the Special Subcommittee on Intelligence, House-Committee
on Armed Services, as to the activity of that Subcommittee in the matter,
in which he emphasizes that the basic jurisdiction in CIA matters remains
with the Armed Services Committee, and that the Subcommittee has been
diligent in fulfilling its responsibilities. He also stated that he
shared the view "that the CIA should refrain from domestic law enforce-
ment. activities and that some of the activities described by our colleague,
Mr. Koch, and the agency itself could have been performed much more
appropriately by.other agencies."
OGC Has Reviewed
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It appears from the material referred-to above that within the
last two years less than fifty police officers from a total of about
a dozen city and county police forces have received some kind of CIA
briefing.
As to the New York police it appears that with the assistance of
the Ford Foundation an analysis and evaluation unit was developed
within the Intelligence Division of the New York City police depart-
ment. At the suggestion of a Ford Foundation representative.it sought
assistance from the CIA as.to the best system for analyzing intelligence.
Although the CIA's techniques and procedures involve only foreign
intelligence they were considered basic and applicable . to. the needs of
the New York police. A 4-day briefing was arranged at which a group of
New York City police was briefed on the theory and technique of analyzing
and evaluating foreign intelligence data, the role of the analyst, and
the handling and processing of foreign intelligence information.
The briefing was given by a CIA training-staff, based upon material
used in training the CIA analysts and without any significant added
expense. Specific guidance was-not given as to how the New York City
.police system should be set up but the CIA presented its basic approach.
CIA assistance to local law enforcement agencies has been of two
types. In the first type of assistance one or two officers received
an hour or two of briefing on demonstration of techniques. Police
officers from six local or State jurisdictions came to CIA headquarters
for this type of assistance. In the second type of assistance, the
briefing lasted for 2 or 3 days.
I Nine
metropolitan or county jurisdictions sent officers for this type of
instruction. Assistance given was at no.cost to the recipients and has
been accomplished by making available, insofar as their other duties
permit, qualified CIA experts and instructors. Cost to the CIA has been
minimal.
It is-stated that all briefings have been conducted in response to
the requests of the various recipients. It is also stated that the CIA
intends to continue to respond to such requests within its competence
and authority to the extent possible without interfering with its primary
mission.
No provision of that part of National Security Act of 1947, as
amended, 50 U.S.C. 403, et seq., which established the Central Intelli-
gence Agency has been cited as authority for the activities undertaken
and our examination of that law fails to disclose anything which reasonably
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could be construed as authorizing such activities. However, in his
letter of January 29, 1973, to Congressman Koch, your Legislative
Counsel stated that these activities were entirely consistent with the
provisions of the Omnibus Crime Control and Safe Streets Act of 1968,
42 U.S.C. 3701, et sec. He noted that in 42 U.S.C. 3701 it was the
declared policy of the Congress "to assist State and local governments
in strengthening law enforcement at every level" and that-it was the
purpose of that law to "encourage research and development directed
toward the improvement of law enforcement and the development of new
methods for the prevention and reduction of crime and the detection and
apprehension of criminals." 42 U.S.C. 3721. He also noted that in the
same law at 42 U.S.C. 3756 Congress authorized the Law Enforcement
Assistance Administration to use available services, equipment, personnel,
and facilities of the Department of Justice and of "other civilian and
military agencies and instrumentalities" of the Federal Government to
carry out its function. It should also be noted that the section
authorizes such use on a reimbursable basis.
There is nothing in the Omnibus Crime and Safe Streets Act of 1968
which authorizes a Federal agency of its own volition to provide services
which it is not otherwise authorized to provide. As previously stated
there is nothing in the legislation establishing the CIA which would
authorize the activities in question. Neither does it appear that
those services, equipment, personnel, and facilities utilized were
utilized by the Law Enforcement Assistance Administration or even at
its request. As stated by Congressman Holifield in his letter of
February 23, 1973, to you and quoted in the Congressional Record for
March 5, 1973:
* * * Since the Law Enforcement Assistance Adminis-
tration is the agency primarily concerned with such matters,
particularly where Federal assistance funds are involved,
it would seem that the need for Federal agency assistance
to local law enforcement agencies should be coordinated by
that Administration.
In that same letter of February 23, 1973, Congressman Holifield
invited attention to the Intergovernmental Cooperation Act of 1968,
Pub. L. 90-577, 82 Stat. 1102, approved October 16, 1968, 42 U.S.C. 4201,
et seg., as implemented by Budget Circular No. A-97 of August 29, 1969.
Among the purposes of title III of that act, as stated in section 301
thereof, is to authorize all departments and agencies of the executive
branch of the Federal Government--which do not otherwise have such
authority--to provide reimbursable specialized or technical services to
State and local governments. Section 302 of the act states that such
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services shall include only those which the Director of the Office of
Management and Budget through rules and regulations determines Federal
departments and agencies have a special competence to provide. Budget
Circular No. A-97 covers specific services which may be provided under
the act and also provides that if a Federal agency receives a request
for specialized or technical services which are not specifically
covered and which it believes is consistent with the act and which it
has a special competence to provide, it should forward such request to
the Bureau of the Budget (now Office of Management and Budget) for
action. The same procedure is .to be followed if there is doubt as to
whether the service requested is included within the services specifi-
cally-covered. Section 304 requires an annual summary report by the
agency head to the respective Committees on Government Operations of
the Senate and House of Representatives on the scope of the services
provided under title III of the act. Possibly future requests for
briefings from State or local police agencies could be considered under
the provisions of that act and the implementing budget circular.
In the letter of January 29, 1973, to Congressman Koch from your
Legislative Counsel it is also stated that the activities in question
were not considered to violate the letter or spirit of the provisions
of the National Security Act of 1947 which states that "the Agency
shall have no police, subpoena, law enforcement powers, or internal-
security functions." See 50 U.S.C. 403(d)(3). We do not regard the
activities as set out above as being in violation of these provisions,
but as previously indicated, we have found no authority for those
activities by your agency, unless provided on a reimbursable basis in
accordance with the Intergovernmental Cooperation Act of 1968, or at
the request of the Law Enforcement Assistance Administration under the
provisions of the Omnibus Crime Control and Safe Streets Act of 1968,
which was not the case here.
Copies of this letter are being sent to the Members of Congress
referred to above.
Sin ly.yours,
/~a
Comptroller General
of the United States
cc: Congressman Edward I. Koch
Chairman, House Committee on Government
Operations
Chairman, Special Subcommittee on Intelligence
House Committee on Armed Services
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